Hoff had written on his blog that Moore, a former executive director of the Jordan Area Community Council, had been involved in a fraudulent mortgage scheme and questioned why he’d subsequently been hired by the university.

The jury said that while what Hoff had written was true, it caused him to lose his job, and awarded him $35,000 damages and $25,000 for emotional distress.

Is this a message to bloggers everywhere? The TCDP noted the closing statements of Moore’s attorney:

Moore’s attorney Jill Clark said in her closing statement that much of the discussion of the First Amendment and freedom of the press as it relates to blogs “is really not relevant.” She also said, “There need to be some limits on blogs.” Clark pointed to Hoff’s lack of objective reporting. “The reporter loses objectivity when he enters the story,” she said.

Don Allen, named in the original suit, settled with Moore and testified against Hoff. He told the Star Tribune the verdict sends an appropriate message:

“It’s unfortunate for all bloggers, but you have to have some sense of responsibility,” he said. “You have to attack the issues, not the individuals.”

About the blogger

Bob Collins has been with Minnesota Public Radio since 1992, emigrating to Minnesota from Massachusetts. He was senior editor of news in the ’90s, ran MPR’s political unit, created the MPR News regional website, invented the popular Select A Candidate, started several blogs, and every day laments that his Minnesota Fantasy Legislature project never caught on.

NewsCut is a blog featuring observations about the news. It provides a forum for an online discussion and debate about events that might not typically make the front page. NewsCut posts are not news stories.

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It’s not just bloggers that need to be concerned with an intentional interference with contract suit. Is James O’Keefe on the hook for some recent high profile hirings? What about that Rolling Stone writer who got General McChrystal drummed out?

But it would seem to me that just getting someone fired is not enough to give rise to a claim on that theory. You have to prove that you intended to incite someone to breach a contract… but firings are not all breaches of contract. You could be intending they be fired within the terms of their contract.

I’d be curious to know how much attention the defense paid to this claim during the trial, or if they were preoccupied with proving the truth of the statements.

Matt W

Maybe I’m reading this wrong, but given what occured here, couldn’t Hoff use this ruling to turn around and sue Don Allen the same way? I mean, what Allen said on the stand when he testified against Hoff may be true, but is still caused Hoff to lose the case and be hit with large fines . . .which I’m sure caused a fair amount of emotional distress.

Jamie

I don’t get this talk about breach of contract. Moore wasn’t suing Hoff for breach of contract. He didn’t have a contract with Moore, as far as I can tell. The University would be the ones potentially in breach of a contract.

But regardless of that, I’m not crazy about this ruling. If Hoff loses a suit like this, it means that we all can’t be bashing politicians the way we do here at Nws Cut. Nor could anybody anywhere, unless they wanted to risk a lawsuit. I don’t understand how this is possible. Don’t you have to be found to be lying or otherwise stating non-truths about someone in order to be liable in a lawsuit like this?

(I’m not a blogger, but I play one on tv.)

Jamie

I hope Hoff appeals. This doesn’t seem right at all.

Dave

John Hoff got what he deserved. He is a malicious predator who thrives off the pleasure and satisfaction he gets from the hurt, harm, and misery he inflicts on his victims.

Jamie

That’s funny. I’ve heard that he exposes “malicious predator[s] who… [inflict] hurt, harm, and misery …” on residents of the north side of Mpls.

Hmm, not exactly sure how you can libel someone with the truth but it won’t change how I blog, my not having any assets worth seizing.

But an earlier commenter was exactly right to point out that given this school of thought on damages, James O’Keefe should be low hanging fruit for any of the folks who got fired because of his so-called stings.

I live in City of Ramsey in Anoka County and blog a lot about local things, much as there are a host of north-Mpls people independently blogging about their local things.

There’s less of that in Anoka County.

Will I change what I say? No, it’s eclectic, and always aimed at what I think to be improved government action locally, when I blog about City of Ramsey in particular. The failed Ramsey Town Center is here, and I’ve called it Clown Center, while the city, under Republicans, socialized the project in competition with private sector development, by buying it out of a foreclosure sale by Minnwest bank for a price and under terms I believe were not in the public’s interest.

They hired a consultancy which I’ve blogged against, how done, terms of a flat fee non-transparent contract, etc.

The town decision makers renamed it “the COR” and with it as moribund as it is, the immediate answer was to blog of it as “the CORpse.”

A local Republican state senator, Mike Jungbauer, is involved in the consultancy so there’s always a chance for some appearance of conflicted interests at play when he sponsors bills favoring City of Ramsey. I’ve written that, he’s not sued, and should not be expected to change based on Hoff losing his suit – but with the jury saying he did not defame Moore.

Shiela Regan in Daily Planet had a good post-trial write-up on that confusion of things with different claims at issue. Once the jury had returned with its verdict, they said what they said, and published appellate opinions exist over inconsistent jury verdicts.

Bottom line: I have not been sued, and don’t expect it.

First, all it takes is a plaintiff wanting to sue and a lawyer willing to pursue it, together with a retainer and a filing fee. So, it could happen any time to any person. For any reason or no reason.

Minnesota has an anti-SLAPP statute (Minn. Stat. Ch. 554 for those caring, where SLAPP is a coined acronym for Strategic Lawsuits Against Public Participation. That’s some help.

If I am sued, there is discovery, and that should quell those enthused to take a run otherwise. You get to ask questions under oath where the other side is compelled by law to answer. You can subpoena witnesses, and do the same.

Hoff had trial counsel enter things very, very late in the process, and with short time and possibly with no depositions or other discovery to plan a trial, I don’t know that either way. There’d been earlier postponements, and I think contesting over trial judge, with changes to ultimately reach Judge Rilley, who is impressive. Entering late, it is very hard for the lawyer going against an experienced litigator, Jill Clark, who’d been Moore’s lawyer from the start.

So, will I change my approach? I have tried to be cautious, to use obvious parody and sometimes hyperbole, which are not actionable as appearing to be representations of actual fact.

There are ways to be cautious, and ways to be brash. If the message can be done cautiously, often understatement works better anyway.

Don Allen, who you quote, switched from being a co-defendant, to a Witness for the Prosecution, so to speak, (but not as attractive as Marlene Dietrich in playing the role switch – leaving a different taste to it). Different entirely.

So, Hoff’s trial ended with the jury saying Hoff made no untrue defamatory statement, and with other unique aspects. Brodkorb a few years ago got Olson’s claim dismissed by pretrial motion.

Did that boost the blogger bravado? I doubt it, and this Moore v. Hoff will have some chilling effect, but it will take time to see how much.

Jim Shapiro

Horrible decision = Bad job by the defense attorney, worse job by the judge in failing to instruct the jury properly.

I’ve lived in banana republic Guatemala, where one can be charged with libel or slander even if the accusations are true, if the statements are made about someone powerful enough.

I wonder what really happened here….

Todd

If you have time listen to this recording of John Hoff and hear what he is really like: